Disposed

Shivprasad and 3 Others v. State of U.P. and Another

Allahabad HC23 Oct 2024A482/35804/2024

Case brief

AI extract

What is this about?

The High Court refused to quash the summoning order and criminal proceedings. However, it directed non-arrest for two weeks or until surrender, with a mandate for the lower court to dispose of the bail application expeditiously per Supreme Court guidelines.

What did the court decide?

Refused to quash proceedings; directed non-arrest for two weeks or until surrender and expeditious disposal of bail application.

Shivprasad and 3 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:169149

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 35804 of 2024

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Applicant :- Shivprasad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chhaya Gautam,Himanshu Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 22.09.2023 and proceedings of Case No. 7563 of 2023 (State Vs. Shivprasad and others) arising out of Case Crime No. 144 of 2023, under Sections 147, 452, 325, 323, 504, 506, 427 IPC, Police Station Kokhraj, District Kaushambi pending in the court of Chief Judicial Magistrate, Kaushambi.

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Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court gave up his challenge to the aforesaid impugned summoning order and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

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In view of the above, the relief as sought by the applicants in the instant application is refused.

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However, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

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For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 23.10.2024 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Shivprasad and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shivprasad and 3 Others v. State of U.P. and Another

Case brief

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What the court decided

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